The above captioned case was scheduled for a hearing on February 26, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Richard, Evans, Pearson, Filippi and Burlingame were present. Commissioner Newbrook recused himself from hearing this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jeff Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
The numbers of the Decision below correspond with those of a January l6, 2002 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal during the February 26, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January l6, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency shall be noted herein.

	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used 
herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Sections 23-28.l6-2 in order to allow the Applicant to maintain the existing construction and rating of the egress system of this facility as modified herein.

2.	The Board hereby grants a variance from the provisions of Sections 23-28.l6-3 in order to allow access to the egress passageways through the kitchens in four of the six apartments of this facility.

3.	The Board hereby grants a variance from the provisions of Sections 23-28.l6-5 in order to allow the Applicant to maintain the existing construction and rating of the cited stairways as modified herein.

4.	The Board hereby grants a variance from the provisions of Sections 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited doors.

5.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 in order to grant the Applicant an option of providing each of the apartment units of this facility with approved fire extinguishers or providing the extinguishers in accordance with NFPA Standard l0, l988 edition.  The Applicant is hereby directed to install the above extinguishers under one of the above plans within fifteen (l5) days from the date of this Decision.

8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

9.	The Board hereby directs the Applicant to correct the undersized windows in this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal.

10.	The Board hereby grants a variance in order to maintain the cited boiler unenclosed.  As a condition of this variance, the Board directs the Applicant to provide a single domestically supplied sprinkler head over the boiler, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.

Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above-cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.

	The Applicant may appeal the Board’s Decision within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]